By: Harrison H.B. No. 2311
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to diversity, equity, and inclusion initiatives at public
  institutions of higher education.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 51.3525(c)-(j), Education Code, are
  amended to read as follows:
         (c)  Nothing in this section may be construed to limit or
  prohibit an institution of higher education or an employee of an
  institution of higher education from, for purposes of applying for
  a grant or complying with the terms of accreditation by an
  accrediting agency, submitting to the grantor or accrediting agency
  a statement that:
               (1)  highlights the institution's work in supporting:
                     (A)  first-generation college students;
                     (B)  low-income students; or
                     (C)  underserved student populations; or
               (2)  certifies compliance with state and federal
  antidiscrimination laws.
         (d)  Subsection (b)(1) may not be construed to apply to:
               (1)  academic course instruction;
               (2)  scholarly research or a creative work by an
  institution of higher education's students, faculty, or other
  research personnel or the dissemination of that research or work;
               (3)  an activity of a student organization registered
  with or recognized by an institution of higher education;
               (4)  guest speakers or performers on short-term
  engagements;
               (5)  a policy, practice, procedure, program, or
  activity to enhance student academic achievement or postgraduate
  outcomes that is designed and implemented without regard to race,
  sex, color, or ethnicity;
               (6)  data collection; or
               (7)  student recruitment or admissions.
         (e c)  An institution of higher education may not spend money
  appropriated to the institution for a state fiscal year until the
  governing board of the institution submits to the legislature and
  the Texas Higher Education Coordinating Board a report certifying
  the board's compliance with this section during the preceding state
  fiscal year.
         (fd)  In the interim between each regular session of the
  legislature, the governing board of each institution of higher
  education, or the board's designee, shall testify before the
  standing legislative committees with primary jurisdiction over
  higher education at a public hearing of the committee regarding the
  board's compliance with this section.
         (ge)  The state auditor shall periodically conduct a
  compliance audit of each institution of higher education to
  determine whether the institution has spent state money in
  violation of this section. The state auditor shall adopt a schedule
  by which the state auditor will conduct compliance audits under
  this subsection. The schedule must ensure that each institution of
  higher education is audited at least once every four years.
         (hf)  If the state auditor determines pursuant to a
  compliance audit conducted under Subsection (ge) that an
  institution of higher education has spent state money in violation
  of this section, the institution:
               (1)  must cure the violation not later than the 180th
  day after the date on which the determination is made; and
               (2)  if the institution fails to cure the violation
  during the period described by Subdivision (1), is ineligible to
  receive formula funding increases, institutional enhancements, or
  exceptional items during the state fiscal biennium immediately
  following the state fiscal biennium in which the determination is
  made.
         (Ig)  A student or employee of an institution of higher
  education who is required to participate in training in violation
  of Subsection (b)(1)(E) may bring an action against the institution
  for injunctive or declaratory relief.
         (jh)  The Texas Higher Education Coordinating Board, in
  coordination with institutions of higher education, shall conduct a
  biennial study to identify the impact of the implementation of this
  section on the application rate, acceptance rate, matriculation
  rate, retention rate, grade point average, and graduation rate of
  students at institutions of higher education, disaggregated by
  race, sex, and ethnicity.  Not later than December 1 of each
  even-numbered year, the coordinating board shall submit to the
  legislature a report on the results of the study and any
  recommendations for legislative or other action. This subsection
  expires September 1, 2029.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2025.